Is there any legal action we can take to make our neighbor cut his backyard and pick up crap?

For 6 years this neighbor has disregarded any maintenance of his property. I have made subtle hints and some not so subtle. I have sent letters and pictures to the HOA; their stance now is the problem is behind the fence therefore they cannot address it. I contacted the health department they can’t help. Finally, we put our house on the market for several months but then decided to pull after remarks from potential buyers and their realtor,

Asked on April 6, 2016 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There isn't really anything you can do, unless he is in violation of HOA rules, health code, or local building/zoning code (including any rules relating to property upkeep or aesthetics, if the local code has any--my town does) in some way; apart from that, the law does not mandate how property owners need to keep up their properties or how they must look. Look at the HOA rules yourself: if their is a rule requiring him to clean up, if necessary you can legal action (possibly against him directly, as you areo a beneficiary of the rule; and/or against the HOA to make them enforce their rules) based n it. Similarly, check your local code yourself (the town clerk can help you) to see if there are any ordinances being violated.


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